What is the test for producing documents under Rule 317 in a judicial review?
Canada (Federal), Canada
The following excerpt is from Pauktuutit, Inuit Women's Assn. v. Canada, 2003 FCT 165 (CanLII):
In considering production of documents under Rule 317 one must keep in mind the summary nature of judicial review proceedings. Rule 317 may not be used for conducting broad-reaching discovery, which may only be had by initiating an action: see Canada (Attorney General) v. Canada (Information Commissioner)(1997), 1997 CanLII 6362 (FC), 135 F.T.R 254 at 266 and Unger v. Telus Enterprise Solutions Inc., an unreported 16 July 2001 decision in file T-483-01, 2001 FCT 803 at paragraphs 3 and 4.
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